County Commission

Commission Meeting November 27, 2018 ANACONDA DEER LODGE COUNTY COMMISSION WORK SESSION 6 P.M. TUESDAY NOVEMBER 27, 2018 COURTHOUSE COURTROOM Present: District 1 Commissioner Terry Vermeire (Chair) , District 2 Commissioner Steve Gates, District 3 Commissioner Kevin Hart, District 4 Commissioner Paul Smith (Vice-Chair), District 5 Commissioner Jim Whealon, CEO Bill Everett, County Attorney Krakowka, and Clerk of Commission Lori Sturm Members of the Press: Kathie Miller, Anaconda Leader Members of the Public: Per Sign-In Sheet Commission Chair Terry Vermeire called the meeting to order at 6:00 p.m. Commission Chair Vermeire explained the Commission rules of procedure. Headwaters Rc&D Area Inc. - Presentation by Julie Jaksha Julie Jaksha - Presentation of Headwaters Rc&D and services that are provided. We are an economic development agency that services 7 county regions of SW Montana and Anaconda-Deer Lodge is one of the regions. We do a lot of work over here and I would like to let you know what we have been up to. We have a loan division, we oversee the local development loan funds and we work hand in hand with Jim Davision. We have a small business development center; funded through the SBA Montana Department of Commerce. One of our accomplishments that I can share is the Brewery. We were part of that project and helped it come to fruition for the community. We also do EPA and grant writing; we also help with IWT, Incumbent Worker Training dollars for small business owners. We started a program called FARM, to take the place of the Food and Ag Development Center. There is also a homebuyers education, offering first time homebuyers classes. We are also involved in the Brownsfield program, which involves funds that stay in our region for as a redevelopment tool for buildings. Anaconda Ambulance Intergovernmental Transfer (IGT) Contract with the State of Montana for Medicaid Supplemental Payment Purposes. Chief Tocher-Asking for approval for the Anaconda Ambulance Intergovernmental Transfer Contract with the department of Public Health and Human Services. To trigger the Medicaid matching funds the state must spend a combination of state and local funds on Medicaid. Chief Tocher gave an example of a Medicaid recipient receiving a health care service; the provider incurs the cost and requests to be paid by the state Medicaid agency. At which time the state pays the provider based on the Medicaid rate for that service. The state is then reimbursed by the Federal Government at the amount equal to the states match rate. This contract offsets the payment difference between Medicare and Medicaid allowed. Anaconda Ambulance IGT match is based on a FMAP percentage. By sending a check for $3,453.82; the Department of Health and Human Services will send Anaconda Ambulance a check for $10,022.70. 1 Commission Meeting November 27, 2018 Place on the Agenda. Court ordered division of land, Cause No. DV-17-37 (Gochanour) Gayla Hess - This proposed division of land is by Court Order which is exempt from regular subdivision requirements. The planning department was given 45 days to provide written comment. A staff report was written and filed with the court. The staff report found that the newly created tracts A4 (which is approximately 1 acre in the SE corner of the lot and contains a single family residence); and also tract A3, {which is approximately 5 acres) conforms with the West Valley Development district standards and would not alter existing conditions such as population density, utilities, or services to the area. Today's discussion is to allow the Commission to discuss the pending division, and would they like to provide written comments on the subdivision. County Attorney- This is really just an opportunity for you to provide comment. The commissions comment could be that "we do not have any objections to this division". Ken Connors- I am one of the attorney's involved in the litigation. It has been a difficult situation. The parties were able to reach an agreement. I believe this works for both parties. The planning department has reviewed this and I believe it is the appropriate thing to do. It will resolve a lot of issues. Chad Gochenauer- This has been tough on both sides. I just want to get this over with, it has been going on for years. One thing that needs to be done is a temporary fence and part of it will be on my part of the property. Commissioner Hart - The planning board had a recommendation for the property owner on 102 Warren street to establish record of a septic system with the environmental health office. Has this been completed? Chad Gochenauer- I heard about this the other day. Place on the Agenda Proposed Warming Hut at Kennedy Common Kurt Wyant- To start off we would like to have approval for placement of a warming shack at the Kennedy Commons. Believe we have a great group of people and if we work together this project can be completed. Talked of the existing band stand and using possible roll up doors to try and use it as a warming shack. There are all kinds of problems with this; garage doors would block out light, and this would change the looks of the band stand. Rose Nyman - The size of the first draft of the warming shed has been changed, the original would not fit and then there are set back regulations. I prefer the site, where the backstop/bleachers were located (northside). I did receive a phone call today regarding the idea of a unisex bathroom. The individual is against a unisex bathroom and would like two bathrooms. I would also like to also see a deep sink so that if someone needs water for an event they can fill a pot or pitcher. I would also like to 2 Commission Meeting November 27, 2018 choices. The design is not finished. Pointed out that every time the shed is moved; it is getting weaker. This commission or future commission has an opportunity to have a quality structure, with very little of the tax dollars used. There is $27,000 promised right now and I will continue to apply for grants. Sometimes we as adults forget how much fun we had as kids in this community. CEO Everett - I have had discussions with Kurt and Rose about the project. At this time they are just trying to look for a location. The location they are choosing would balance the park. Kurt cares about this community and the building and fabrication. The current shed is not working, it is deteriorating. We moved it yesterday, and there is not many moves left in it. We need something different. I hope that it is the last time we move that shed. Rose Nyman - There are 4 park benches in that area. We are hoping to place 2 of those on the proposed porch of the warming hut. I also believe that structure will be used more for summer events than just a warming hut. If you think of the events held there during the summer they were well attended. Terry Galle - I would be willing to donate all the labor from Galle plumbing on anything that would be done on that facility. I also proposed a floor with in-floor heating and we would take care of the design on that. It would help with the gas price in heating. There would always be heat on the floor. Offered help with design, with plumbing, and fixtures would be at cost. Nancy lvankovich - We had fun as children here. We had the warming shed, a guy who fed the fire, laced our skates, and it was great fun. There is no secret that I am against the structure, it will wall off part of the green space. The view looking out from within the park is part of its allure. Look at the historic homes, and the historic post-office, it is welcoming. There is no balance between a brick Stalag 13 and that gorgeous bandstand. That is not balance. It will wall off the downtown from the commons. It is an unfortunate project in my view. Questioned who would be cleaning the toilet for the next years? We don't need more infrastructures that we have to take care of. Ray Haffey- I am not here to be negative. I think the proposal has merits and drawbacks. The important thing is to look at how we best can provide some heating for skaters. I would like you to think about is its location. I understand about moving the sculptures, the historic figures of the skaters, baseball players and marble players received many positive comments. The NW corner where there is a garden club structure that was dedicated to Edward Schwartz; this has a lot of memory and historical value. On the corner of third and main there is an awesome interpretive sign that describes the way people feel about the value of the skating rink. The history of the commons has changed. The Garden Club has transformed it and we appreciate the garden club, the figures, and the band stand. I hope something can be agreed upon. People need to work together in this community. There is a solution to everything. Consider things that have been paid for, memorialized and recognized; they have some value and I hate to see that disturbed. Jane Dierenfeldt - Perplexed about why such a push for the warming shed. We have had meetings at the Metcalf, and at the Commission meeting. I don't know if there is community support for a couple dozen skaters. Is the use going to be primarily for the summer or winter activities? Questions why is the 3 Commission Meeting November 27, 2018 local government not taking care of structures we have right now, the band stand, and the begonia houses. We treasure them, and need to invest in those. I appreciate Rose working on this project, but does the community support this. The Garden Club was against the silhouettes and did not want any changes to the commons other than replacing the sidewalks. Suggested that a group be formed to vet changes that might come in the future to any of the parks. Questioned about whom would take care of the warming shed, opening/closing and cleaning? Is it budgeted for? Who will have the keys? Will it be used for storage in the summer? Are there plans for concessions? What is the rational for a unisex handicap bathroom? What would the hours of operation be? Are there plans for alcoholic beverages to be sold? Would there be a fee to use the warming shed? Questioned the engineer's qualifications for designing a historic structure and what about doing a citizen survey to see if the community actually supports this project. Janice Delaney - What wonderful discussions we are having here tonight. There is a lot of different ways in which this could proceed. Would like to see the bandstand used, it is a beautiful structure. I would like to see the green space. Rose Nyman - Address the issue of manning the structure. That structure whether permanent or the historical bandstand has always been paid. Someone has always been there and maintained the shed. Janice Delaney - A "Go Fund Me" page and would receive true community input. Kevin Hart - The issue of the warming shack and being used year round is positive. The amount of money that has been put into the current band stand and the labor, and it is not handicap accessible for skaters. I can't think of any way to put garage doors on the band stand. That would decrease from the way the bandstand currently looks. I don't like the idea, I think it would look tacky. I don't think it could stand the weight of roll-up, or garage doors. We need to maintain the integrity of that structure. Altering it would detract from its current appearance and historic value. Having a movable structure as we are finding out is not working. Moving it in the fall and the spring is making the structure weak. A permanent structure would be beneficial being used year round. The location is what is difficult. Different organizations have placed flowers, planters, statues, etc. that mean a lot to the community. How we choose what gets moved or removed is difficult. This is a worthwhile venture, it could be positive. Commissioner Gates - Friday night I was at the Tree lighting ceremony. I looked at the current bandstand. I Invite people to go down and look at it; it has been band aided. Structurally in the next ten years it will have to have some major work done on it. Whatever we add to that will make it deteriorate that much faster. We have a plumber come forward willing to support this. We can't base this on how we feel right now. This is for our kids and grandkids, we will be leaving them a legacy. We have new businesses coming here, and people are taking care of some of the old buildings. Let's be progressive and go forward. Yes it's nice to look back and look at the past, but seriously let's do something good that people 30 years from now will say "That is nice that they put that in." Wouldn't be nice to have bathrooms and a nice facility. It will not be an eyesore. Let's get together and come together as a community, and be supportive instead of wasting energy and being negative. We will work it out. We 4 Commission Meeting November 27, 2018 are a "Can Do Community". Let's be positive for our future generations. Blake Hempstead - Spoke about Phillipsburg and the Chamber of Commerce and money spent in building an ice rink. They are putting more money toward it next year. An idea about transforming greenspace and doing things for the benefit of the community. I believe we can all agree that P-Berg has been progressive in that aspect. Place on the Agenda FY 2019 Extension Service Agreement between Montana State University Extension and Anaconda­ Deer Lodge County Kimberly Richardson, MSU Extension Agent- I just finished up the highlights and will make sure the commission gets a copy. We are looking at developing our 4H clubs and getting the shooting clubs back on track. We have been working on community development and support groups for families that are raising relative children. We have has a good response to that program. We are trying to fill in some of the gaps. We are involved with family cooking nights; providing a free meal, that is locally donated. We are also providing educational opportunities such as gardening in the schools. Other projects that might be necessary such as health plans; focus on mental health, teen suicide and drop-out rates. CEO Everett - We need to make sure this has been budgeted. I need to confirm this with John that this is the amount we have set aside. This is about 4 percent more than last year. My belief is that the more you do with the kids the better off we are. The commissioners may have more ideas for the MSU extension; they are a very diverse group providing housing, food services and economic development. Commissioner Hart - Welcomed Kim and MSU Extension is important. They all have their unique qualities. It has always been beneficial to the community. Place on the Agenda. Karan Kunz would like to be reappointed to the Board of Health Commissioner Vermeire - Pointed out to the Commission that there are currently 21 vacancies on the Boards. Place on the Agenda. Sarah Warner would like to be appointed to the Deer Lodge County Fair Board. Commissioner Hart - We have a letter from Sarah introducing herself. Seems she is well qualified and would be a great asset. Place on the Agenda. Resignation request by Mr. Vince Labbe from the Planning Board CEO Everett - Vince has some pretty extensive medical issues. 5 Commission Meeting November 27, 2018 County Attorney - Vince is very conscientious and after the wreck he needs to focus on himself. Sorry to see him step down. Place on the Agenda. Miscellaneous Commissioner Whealon- For information mentioned a Western Montana Health Meeting he was going to attend. Commissioner Vermeire - No Miscellaneous. Commissioner Smith- No Miscellaneous. Commissioner Hart- No Miscellaneous. Commissioner Gates- No Miscellaneous. Commissioner Vermeire- No Miscellaneous. CEO Everett - 2 Separate issues that I want you to look at. The first is the Agreement with CRS for Inmate Excess Medical Insurance. We have had a lot of problems with it before with the reimbursable. They are trying to work with us, but we have had to be very aggressive in trying to get a collection. Willing to try it for another year. Chief Barke II will be here next week for both items. Commissioner Hart- Glad that someone is looking out and being proactive. Believe the policy is extremely important. It is one of those things that does not cover everything, it is a policy that covers expenses that we qualify for when in excess of a certain dollar amount. We could end up with a prisoner that could cost the county a whole lot of money. For the cost of this insurance it is important that we keep the policy. Hopefully the bugs can be worked out. For the liability for the county, we may not make money, but insurance policies are not designed to make money; it is to mitigate the amount of money that you would be paying out. Place on the Agenda. CEO Everett - The next item is the Agreement with the US Forest Service. We patrol some of the outside county roads, primarily Georgetown lake and the Big Hole. These are things we do anyway. By doing this cooperative agreement we get reimbursed about $5000.00. Place on the Agenda. 6 Commission Meeting November 27, 2018 County Attorney - No Miscellaneous. Public Comment Jane Dierenfeldt - As a taxpayer when can we expect to hear some of the details of the ARCO agreement? Wondered if it would be months, or years. Commissioner Vermeire - We need a court order saying we can talk about it. CEO Everett - I honestly cannot answer this. Months would be my best guess. We are an outside source. This is between the state of Montana, ARCO and EPA. Rose Nyman - Questioned about the County Website and when it will be up and running? Commissioner Vermeire - Right now we are in the process of updating the old website. I think the next meeting is January 9th . Once all the information is in our old website it can then be migrated to the new site. CEO Everett - It is a slow process. Heather has a copy of the schedule if you would like to see it. ADLC Public Meeting Dates Commissioner Vermeire read the meeting dates and times. Adjournment Meeting adjourned at 7:16 p.m. Lori Sturm Terry Vermeire Clerk of Commission Commission Chair 7